San Francisco Update
South San Francisco man stabs roommate over smoking Nov. 25th, 2009 By Joshua Melvin, San Mateo County Times REDWOOD CITY — A South San Francisco man faces attempted murder charges for stabbing his roommate in the face and neck after a disagreement about smoking on a balcony turned violent, officials said. Bernie Castro, 58, started arguing with his 48-year-old roommate after the man left the balcony door open in the first block of Gardiner Avenue while he had a cigarette on Nov. 11, said South San Francisco Sgt. Joni Lee. The roommate, who has shared a house with Castro for three years, came back in after the cigarette and opened some windows. The arguing escalated to violence when Castro allegedly punched the victim in the mouth. Lee said the fight stopped there and the victim went into his room for about 30 minutes. But after he went out to smoke another cigarette, the arguing started up again. This time, however, Castro pulled out a folding knife and began attacking his roommate, Lee said. He was stabbed about eight times in the head, neck and face but is expected to recover, she added. "It's just another good reason not to smoke," Lee said. Castro is due back in court Dec. 9 and faces up to nine years in prison if convicted. ================ Newsletter Reader Comment:
So the police Sgt offered this opinion about the crime eh? "It's just another good reason not to smoke," How about we change time/locale a bit, imagine something more along the lines of a violent rape, and the Sgt noting, "Well, that's what happens when you dress like a slut." Same sort of mentality... just a different target group of who's "unclean" and deserving of blame. Sad. Michael J. McFadden Author of "Dissecting Antismokers' Brains" Read
A Modest Proposal: Mandatory Deposit for San Francisco Butts SAN FRANCISCO, California July 9, 2009 – Question: When is a cigarette tax not a tax? Answer: When the city of San Francisco calls it a “fee” to pick up cigarette butts, instead. Local cigar store owners have a better idea. The city’s Board of Supervisors unanimously passed a scheme this week to add a 20-cent ‘fee’ onto a pack of cigarettes effective Oct. 1. Why not call it a tax? Because, if it were called a tax, it would be illegal. State law says cities cannot tax cigarettes. So, Mayor Gavin Newsom and the Supervisors positioned the tax as a ‘fee’ to help offset the $7.5 million they say it spends every year picking up spent butts. “How double-dealing can you get?” said Chris McCalla, legislative director of the International Premium Cigar & Pipe Retailers Association. “If the public is going to let them get away with that, perhaps they’ll like this idea even better: Make the 20-cent per pack ‘fee’ a deposit of one penny per cigarette. Then, homeless or other people could collect the butts as they do bottles and cans which could be redeemed for money. “That would accomplish two things: it would provide income for people who really need the money and it would help keep San Francisco streets and sidewalks clean,” said McCalla with his tongue planted firmly in his cheek. “Unfortunately, a lot of San Francisco businesses and the city will suffer because of this so-called fee. Any business in the city that sells cigarettes and doesn’t object to this 20-cent per pack ruse has only itself to blame when their businesses tank and they have to lay off their employees or close their doors,” said McCalla. William F. Shughart III of the Tax Foundation – an independent, non-partisan educational organization – supported McCalla’s position by saying that “former Washington, D.C. Mayor Marion Barry… thought he could solve his city’s own budget problems by raising its excise tax on gasoline by five cents per gallon. He was forced to rescind the tax increase within a month when revenue losses made it obvious that residents and D.C.-bound commuters were filling up their tanks in the Maryland and Virginia suburbs.” The IPCPR is an association of more than 2,000 cigar shop owners and manufacturers and distributors of premium cigars, pipes and pipe tobacco and related items. For the most part, these are small, family-owned businesses that employ tens of thousands of people and generate millions of dollars in state, federal and payroll taxes. And, soon, fees in San Francisco. ### Contact: Tony Tortorici 678/493-0313 tony@tortoricipr.com
San Francisco Mayor Wants to Tax Your Butts June 3, 2009 Facing a budget deficit of nearly half a billion dollars, San Francisco Mayor Gavin Newsom will ask the city's Board of Supervisors next month to raise cigarette taxes by 33 cents per pack--ostensibly to cover the cost of removing cigarette butts from city streets. The federal cigarette tax was raised 69 cent per pack in April, and Congress is considering doubling the federal tax to $2 per pack to finance healthcare reform, but policymakers may have overestimated the legal price that smokers would be willing to pay to light up. "It is sheer fantasy to predict, as Newsom has done, that his plan will produce $11 million in additional revenue," writes William F. Shughart II, Senior Fellow at the Independent Institute, in a recent op-ed for the San Francisco Examiner. If the tax hike is implemented, San Francisco may finds that it loses too much revenue as smokers increase their purchases from neighboring cities. As Shughart notes, when the city of Washington, D.C., attempted to raise gasoline taxes by five cents per gallon, drivers began to line up for gas in northern Virginia and Maryland. The District lost so much tax revenue that it was forced to rescind the tax hike a month later. Economics aside, fairness matters too, and the regressive cigarette tax falls disproportionately on lower-income consumers. "It is unconscionable to shift a large share of the burden of paying for [clean city streets] to the consumers of one product, no matter how shunned the product may be," Shughart concludes. "Nanny State Runs Amok with City's Cigarette Tax," by William F. Shughart II (San Francisco Examiner, 6/3/09) Read The Moralists of San Francisco Written by Selwyn Duke 08 August 2008 In the latest bid by the new-morality police, the City by the Bay has decided to prohibit pharmacies from selling cigarettes. And this is just the beginning; the left is chock full of good ideas about how government can save us from ourselves. If there ever was an example of projection, it's when liberals accuse traditionalists of the imposition of values. In truth, no one seeks to impose his vision of virtue on others with jihadist-like zeal more than the modern left. A case study in this is San Francisco, the topsy-turvy metropolis where the government cares about you so much that it's going to make sure you're healthy if it kills you. Not only has it prohibited pharmacies from selling tobacco, it had already mandated that employers provide paid sick leave, and, according to SFGate.com: The supervisors also voted to require chain restaurants to post nutritional information, including calories and fat content, on menus. This follows the creation of a program to recognize restaurants that don't use trans fats and an idea by Mayor Gavin Newsom to levy a fee on retailers of sugary sodas. The board is also taking up legislation to dramatically curb where smokers can light up, including prohibiting puffing in taxis, lines for ATMs and common areas of apartment buildings. And Newsom wants to close some streets to cars on select Sundays so people can jog, hula-hoop and lay out their yoga mats on the pavement. In support of this, Wes Alles, director of the Stanford Health Improvement Program (another position we just cannot do without), said, "Could you fault the city of San Francisco for wanting to create a healthier population?" Actually, Wes, yes, I can. Because you, sir, are the reason Ronald Reagan once said that the nine most terrifying words in the English language are: "I'm from the government, and I'm here to help." (By the way, since the San Francisco puppeteers are so concerned with eradicating unhealthy behaviors, I'm sure they will do their utmost to discourage homosexuality, which has been associated with premature death. Please get back to me on that one, Mayor Newsom.) Help is an interesting word. It increasingly has become a euphemism, a codeword meaning, "I'm going to force my conception of virtue on you in the name of compassion, tolerance or sensitivity, and I won't even show you the courtesy of calling it what it is: the imposition of values." This is a point people almost invariably miss. We have a habit today of saying that you cannot legislate morality, but the truth is that, unless we are to embrace anarchy, we have no choice but to do so. This is because a just law by definition is the legislation of morality. Think about it: a law states there is something you must or must not do, ostensibly because it is either a moral imperative or is morally wrong, or a corollary of something that is. If not, why legislate it? Who will say he is creating a law based on taste or just for the fun of it? Let's consider anti-smoking measures. They are based on the belief that it's wrong to harm your own health, that of others and/or to be a burden on society's medical-care system, and many believe it is right to impose this value through government. And, boy, the impositions are now like the stars in the sky. The United States currently has more than 250,000 laws, and most of those enacted in recent times are the handiwork of leftists. They will mandate that people may not refuse to hire cross-dressers, that the Boy Scouts may not have access to public facilities, that religious symbols must not be in schools, and that employers must offer domestic-partner benefits, not to mention the tomes of regulations they have visited upon us. In their eyes, all legislation of morality is unequal, but some is less unequal than others. The great fantasy writer and philosopher C.S. Lewis once spoke of such people, writing: "Their scepticism about values is on the surface: it is for use on other people's values; about their own values they are not nearly sceptical enough." My goal in this piece isn't to convince you what constitutes just law, as that will be secondary until we accept that law-making is all about imposing morality. And we must understand two things. First, by failing to grasp this fact, we cede the high road to leftists. They can then discredit traditionalist measures with the "you can't legislate morality" ploy, while their legislation flies under the cover of, well, what are we to call it? It's much like the Clintonesque idea that certain indelicate behaviours with young presidential interns aren't really noteworthy. They're just something liberals like. Second, to discredit "legislating morality" (that is, their opponents' morals), leftists often seek to discredit morality altogether by espousing non-judgmentalism. The idea is that since we can't really say what right or wrong is, we can't possibly impose the former or proscribe the latter. But the problem with preaching non-judgmentalism is that it doesn't actually forestall judgment; it simply forestalls honest conversation about what proper judgments are. A sincere, healthy society acknowledges reality, which is that moral judgments must be made and that some of them must be legislated (i.e., a few just laws). It understands that the only law that isn't the legislation of morality is one that is the legislation of immorality, in which case it's the reflection of a misbegotten value. And we won't determine what true morality is and how much of it should become law by mouthing platitudes and sloughing off the matter. As for San Francisco, it's reported that Mayor Newsom also wants to levy a $1,000 fine on those who don't sort their trash correctly. Well, I think I can be of assistance in this regard. When discarding refuse, don't forget to put the politicians in the bin with the pork fat and sponges. Selwyn Duke is a columnist and public speaker whose work has been published widely online and in print, on both the local and national levels. He has been featured on the Rush Limbaugh Show, at WorldNetDaily.com, in American Conservative magazine, is a contributor to AmericanThinker.com and appears regularly as a guest on the award-winning, nationally-syndicated Michael Savage Show. Visit his Website. Read
S.F. fires up two-pronged attack on smoking Heather Knight, Chronicle Staff Writer July 16, 2008 Smokers would find it harder to buy their cigarettes and light up in public under two proposals under consideration by the San Francisco Board of Supervisors. Mayor Gavin Newsom has proposed prohibiting tobacco sales in pharmacies, including Walgreens and Rite Aid. The city's public health chief said the proposal is modeled after rules in eight provinces in Canada but has not been tried anywhere in the United States. Supervisor Chris Daly has proposed legislation that would vastly limit areas where people can smoke. Gone would be smoking in all businesses and bars, which now make an exception for owner-operated ones. Gone too would be lighting up in taxicabs and rental cars, city-owned vehicles, farmers' markets, common areas of apartment buildings, tourist hotels, tobacco shops, charity bingo games, unenclosed dining areas, waiting areas such as lines at an ATM or movie theater, and anywhere within 20 feet of entrances to private, nonresidential buildings. Mitch Katz, director of the Department of Public Health, said he strongly supports both measures - even if they are angering business owners who say it's one more example of San Francisco City Hall overstepping its bounds. "Tobacco remains the No. 1 cause of preventable death in the U.S. - period," he said. "It's government's responsibility to protect people from obvious risks." Surprisingly, San Francisco is far behind some Bay Area cities in the fight against tobacco. The American Lung Association assigned letter grades this year to 108 Bay Area cities depending on whether they were successfully curbing secondhand smoke exposure in housing, recreation areas, outdoor dining, entryways and outdoor service areas. Only Belmont, Berkeley, Emeryville, Oakland, unincorporated parts of Contra Costa County and Ross earned A grades. San Francisco scored a D. S.F. 'way out of date' Karen Licavoli, vice president of programs for the anti-tobacco nonprofit Breathe California and member of San Francisco's Tobacco Free Coalition, said Daly's proposals would place San Francisco among the top few cities in the state when it comes to limiting secondhand smoke. "San Francisco's way out of date," she said. "That's why it's critical we get this law passed without amendments that water it down." The proposed ban on pharmacies selling tobacco was approved by the Health Commission on Tuesday, and it would take effect Oct. 1 if it's approved by the supervisors. Violators would face fines of $100 to $1,000. It would apply only to pharmacies and not to grocery stores or big-box stores like Costco that also sell tobacco products and have pharmacies inside them. Katz said the entire population patronizes grocery stores and big-box stores, but the sick are more likely to use pharmacies and are likely to be suffering from diseases exacerbated by tobacco products. Calls Tuesday to the headquarters of Walgreens and Rite Aid were not returned. Michael Sharpe, president of United Food and Commercial Workers Local No. 648, represents workers at stores such as Walgreens and said it's not fair to have some rules for their businesses and other rules for grocery stores and big-box stores. "I'm a nonsmoker. I hate smoking," he said. "But if you're really looking to change behavior, you're not going to be able to do it by changing the venue people buy (cigarettes) in." Daly refused to talk to The Chronicle about his measure. His legislative aide, Lena Gomes, said business owners would have to post signs about the law and make sure their customers follow it. Firm's owner would call cops Gomes said the owner wouldn't have to physically remove the smoker if he or she doesn't comply, but would be responsible for calling the police. The fine would be against the smoker, not the business, and could be $500, she said. "We don't want to put anyone out of business," she said. "We're just saying there's enough scientific evidence that there is no safe place for secondhand smoke." Carol Piasente, spokeswoman for the Chamber of Commerce, said it's not fair to make business owners police patrons. She added that many city blocks have stores so tightly packed together, a smoker would not be able to find anywhere that's more than 20 feet away from a business entrance. "It seems to be a solution that hasn't been thought out in terms of its consequences and how it would actually work," she said. Smokers gathered outside the city's Main Library on Tuesday weren't happy with the idea, either. "They've banned enough places for people to smoke," said Joey Juchemich, 33. "Pretty soon it's going to be illegal to smoke anywhere but your own home." To get involved Both pieces of anti-tobacco legislation will be heard by the Board of Supervisors' city operations and neighborhood services committee at 1 p.m. Thursday at City Hall, Room 263. The plan in San Francisco Proposed restrictions would ban smoking in public places, even tobacco shops such as Grant's Pipe Shop on Market Street, where Shola Adeyemo (above) of San Francisco is seen puffing on one of his favorite cigars. Other city smoking rules in state Several California cities have local smoking restrictions. Here are some of the most stringent: Belmont Bans smoking in all units of multistory apartment buildings, including balconies and patios. Goes into effect next year. Oakland Only city in the state to require sellers of condos and landlords to disclose to new buyers and renters the smoking designations of units and how complaints about wafting smoke are handled. Bans smoking in all common areas. Berkeley Strong limits including bans in all work sites with more than two employees, sidewalks in commercial zones, recreation areas, areas within 25 feet of doorways and windows of public buildings, and all public transportation and taxis. Temecula (Riverside County) Requires landlords to designate 25 percent of apartments as nonsmoking in buildings with 10 or more units. Nonsmoking units must be separate from smoking ones. Calabasas (L.A. County) Bans all smoking in public places, making it one of the strictest cities in the country. Los Angeles Bans smoking in public parks - except, naturally, when the filming of a movie requires it. Source: Chronicle research, American Lung Association E-mail Heather Knight at hknight@sfchronicle.com. Read
SAN FRANCISCO TOBACCONIST OPPOSES TUESDAY BOARD OF SUPEVISORS EXPANDED NON-SMOKING ORDINANCE 31 March 2008 “If some people had their own way, we all soon would be in jail for even thinking about smoking,” says tobacconist Joe Barron, owner of Grant’s Pipe Shop on Market Street. Barron said that the San Francisco Board of Supervisors is expected to begin discussing legislation to expand the City’s smoking ban at Tuesday’s meeting. The proposed legislation declares second hand smoke to be a ‘public health nuisance’ and bans smoking in a wide variety of venues, including ticket lines and tobacco shops, he explained. Barron cited three reasons the extension should not pass. “First of all, business owners have the right to choose whether their enterprises should allow smoking or not. In turn, employees and customers of those businesses have the right to choose whether or not to work or shop there. They do not have the right to tell the owners how to run those businesses and neither does the government, ” Barron said. “Secondly, there are some businesses where you absolutely would expect smoking to take place - like tobacco shops. No one would accidentally walk into a tobacco shop and be surprised to find there is smoking on the premises. Besides, smoking a premium, hand-made cigar or elegant pipe makes an ordinary moment special and a special moment extraordinary.” said Barron, whose store has a lineage dating back nearly a century. “The third reason is that second hand smoke is not a health problem or else regulatory agencies like OSHA would take action against it. They don’t. Why? Because the case against second hand smoke is emotional, not factual. Despite distorted claims from the anti-tobacco establishment, the Surgeon General’s report offers inconclusive evidence that second hand smoke is a legitimate health or environmental hazard. The report itself says the evidence is inconclusive,” said Barron, “but I don’t debate health issues with the anti’s because they get too emotional. I just tell them to read the report and see for themselves,” he said. “Does that mean second hand smoke is not annoying to some people? No, but so, then, are some strong perfumes and other odors like burned toast or wet dog hair. And what about radiation from cell phones? Should we ban bread, pets and cell phones? Common sense should rule, not government,” said Barron. Read
Smoking mad August 23, 2006 HERE IS a short list of the places Bay Area smokers have recently been declared persona non grata: Parks. Bus stops. Public squares. Train stations. Gardens. Cable-car stops. Playing fields. Their own backyards. Proposed laws would include banning smokers from their own cars if minors are present. So, for the privilege of hunkering down in a dark alley or, lighting the Weber grill to distract neighbors from the whiff of nicotine, Bay Area smokers continue to exercise the perfectly legal right to smoke. But did we mention the cost of such bad behavior? A November initiative proposes to raise California's cigarette tax by 300 percent, making it the highest in the nation. Take that, you terrible, terrible cancerites! (And you small, pitiful corner-store retailers.) We don't approve of smoking. Decades worth of research have proven conclusively that it creates horrible health risks, despite what tobacco companies would like us to believe. As evidence and disapproval has stacked up, the number of smokers has gone down: 84 percent of Californians are non-smokers. But now that smokers have found themselves decidedly marginalized in California culture, sanctimonious non-smokers are attacking them with a vengeance verging on obsession. What in the world does the Dublin City Council, which recently declared secondhand smoke a public nuisance (likely leading to smokers' looking left and right before lighting up in their own backyards), think it will gain from making small-claims lawsuits easier? Does Assemblyman Paul Koretz, D-West Hollywood, really believe that the CHP has nothing better to do than hunt for smoking drivers with children in the backseat? Do the rest of us really want the societal headaches that come with this sort of lifestyle micromanagement? We don't. Enough of the nanny state. Leave these silly rules alone -- and leave the smokers alone with their nasty habit. Read
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